Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

Section 1(2), Sch. 5 para. 12(1)(a).

SCHEDULE 1N.I. The Fair Employment Agency for Northern Ireland

Incorporation and statusN.I.

1[F1The Commission shall continue in existence as a body corporate.]

2(1)The [F2Commission] is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.

(2)Accordingly—

(a)neither the [F2Commission] nor any of its members or members of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;

(b)the members of the [F2Commission] and members of its staff as such are not civil servants; and

(c)the [F2Commission] property is not property of, or held on behalf of, the Crown.

Tenure of office of membersN.I.

3(1)A person shall hold and vacate his office as chairman or other member of the [F3Commission] in accordance with terms of his appointment:

(2)A person may at any time resign office as chairman or other member of the [F3Commission] by notice to the Department.

(3)Past service as chairman or other member of the [F3Commission] is no bar to re-appointment.

Remuneration of membersN.I.

4The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman and other members of the [F4Commission], or any of them, as, with the approval of the Department of Finance, it may determine.

StaffN.I.

5(1)The [F5Commission] may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment—

(a)employ such officers and servants as the [F5Commission] considers necessary;

(b)employ the services of such other persons as the [F5Commission] considers expedient for any particular purpose.

(2)The [F5Commission] may, in the case of such persons employed by it as may be determined by the [F5Commission] with the approval of the Department and the Department of Finance, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined.

ProceedingsN.I.

6(1)Without prejudice to any provision of [F6Schedule 1 to the Fair Employment (Northern Ireland) Act 1989], the [F7Commission] may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum.

(2)The quorum for meetings of the [F7Commission] shall, in the first instance, be determined by a meeting of the [F7Commission] attended by not less than five members.

7The validity of any proceedings of the [F8Commission] shall not be affected by any vacancy in the office of chairman or other member of the [F8Commission] or by any defect in the appointment of the chairman or any other member.

InstrumentsN.I.

8A document purporting to be duly executed under the common seal of the [F9Commission] shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

9Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the [F10Commission] by any person generally or specially authorised by the [F10Commission] to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved.

Discharge of functionsN.I.

10(1)The [F11Commission] may authorise the discharge, under the general direction of the [F11Commission], of its functions [F12in relation to any matter or class of matters falling to be dealt with by it] by either a member or a group of members of the [F11Commission] selected by the chairman.

(2)Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the [F11Commission].

(3)A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum.

(4)The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number.

(5)The chairman may select himself, as the member, or as one of the group of members, mentioned in this paragraph.

11The [F13Commission] may appoint as assessors, to assist—

(a)the [F13Commission]; or

(b)any member or group of members authorised to discharge functions under paragraph 10,

in the investigation of any . . . F14 matter, persons appearing to the [F13Commission] to have special knowledge and experience of the matters to which the investigation relates and of any other circumstances appearing to the [F13Commission] to be relevant.

Expenses and accountsN.I.

12All expenditure incurred by or on behalf of the [F15Commission]—

(a)within the terms of any general authorisation in writing given by the Department and the Department of Finance; or

(b)with the approval of those Departments;’

may be defrayed as expenses of the Department.

13(1)The [F16Commission] shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of [F17each] financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance may direct.

(2)The accounts of the [F16Commission] shall be audited by auditors appointed by the [F16Commission] with the approval of the Department and shall be vouched to the satisfaction of the auditors.

(3)The [F16Commission] shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts.

(4)The Comptroller and Auditor-General—

(a)shall examine a copy of each annual statement of accounts of the [F16Commission];

(b)may, in connection with such examination, examine any accounts kept by the [F16Commission] and any records relating to the accounts; and

(c)shall make a report on the copy of each annual statement of accounts and send the report to the Department.

(5)Subject to sub-paragraph (6), a copy of every annual statement of accounts of the [F16Commission] and a copy of the Comptroller and Auditor-General’s report thereon shall be laid by the head of the Department before the Northern Ireland Assembly.

(6)[F18If no head of the Department stands appointed for the time being] the copies mentioned in sub-paragraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament.

(7)In this paragraph “the Comptroller and Auditor-General” means the Comptroller and Auditor-General for Northern Ireland.

Annual reportN.I.

14(1)The [F19Commission] shall prepare in respect of [F20each] financial year a report on the [F19Commission]’s activities during that . . . F21 year (“the annual report”).

(2)The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the [F19Commission]’s functions.

(3)Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly.

(4)[F22If no head of the Department stands appointed for the time being] the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament.

(5)The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published.